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Patna High Court

Sanjay Sahani @ Sanjay ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

Petitioner Sanjay Sahani sought anticipatory bail fearing arrest in a case (PS No. 436 of 2025) for alleged offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, relating to the recovery of 100 litres of liquor from a river. The prosecution’s case is based on a disclosure by a local chowkidar, while the petitioner claims he has no involvement and points to a lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The petitioner also has three prior criminal convictions of a similar nature. The State opposed bail, arguing the antecedents warrant denial. The High Court, considering the antecedents and the absence of a prima facie case, refused anticipatory bail but indicated that regular bail could be considered if the petitioner surrenders within four weeks.

Issues considered

  • What is the appropriateness of granting anticipatory bail to a petitioner with three prior similar criminal convictions?
  • Whether the prosecution has established a prima facie case under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Sections 30(a), 41 of the Bihar Prohibition and Excise Act.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • liquor seizure
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90598 of 2025
                  Arising Out of PS. Case No.-436 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Sanjay Sahani @ Sanjay Chaudhary S/o Wakil Sahani Resident of Village-
                 Majhariya, Police Station- Raghunathpur, District-East Champaran



                                                                                  ... ... Petitioner/s
                                                       Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shakil Ahmad Khan, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Banjariya PS Case No. 436 of 2025 instituted for the

                   offences under Sections 274 & 275 of the Bharatiya Nyaya

                   Sanhita, 2023 and Sections 30(a) & 41 of the Bihar Prohibition

                   and Excise Act.

                           3.       The prosecution case, in short, is that total 100

                   litres of liquor was recovered from the bank of river.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.90598 of 2025(2) dt.19-01-2026
                                            2/3




          The name of the petitioner transpired in this case on the basis of

          disclosure made by local chowkidar. The petitioner has got no

          concern with the alleged recovery of liquor. The petitioner has

          three criminal antecedent. There is no compliance of Section

          103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned

          counsel for the petitioner, therefore, contends that prima-facie

          no case is made out against the petitioner.

                  5.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner. It is submitted that

          petitioner bears three criminal antecedent/s, that too of the

          similar nature, hence, petitioner does not deserve the privilege

          of anticipatory bail.

                  6.      Considering the aforesaid facts and circumstances

          of the case and specifically taking into account the fact that

          petitioner bears three criminal antecedent/s, that too of the

          similar nature, this Court is not inclined to grant anticipatory

          bail to the petitioner. Prayer for grant of anticipatory bail to the

          petitioner is hereby rejected.

                  7.      However, if the petitioner surrenders before the

          court below within a period of four weeks from today and prays

          for regular bail, the same would be considered by the court

          below in accordance with law without being prejudiced by the
           Patna High Court CR. MISC. No.90598 of 2025(2) dt.19-01-2026
                                                       3/3




                     order of this Court.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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